What is an independent regulatory agency?

regulatory agency, independent governmental body established by legislative act in order to set standards in a specific field of activity, or operations, in the private sector of the economy and then to enforce those standards. Regulatory agencies function outside direct executive supervision. Because the regulations that they adopt have the force of law, part of these agencies’ function is essentially legislative; but because they may also conduct hearings and pass judgments concerning adherence to their regulations, they also exercise a judicial function—often carried out before a quasi-judicial official called an administrative law judge, who is not part of the court system. Regulatory agencies became popular means of promoting fair trade and consumer protection as problems of commerce and trade became more complex, particularly in the 20th century.

The idea of the regulatory agency was first advanced in the United States, and it has been largely an American institution. The first agency was the Interstate Commerce Commission (ICC), established by Congress in 1887 to regulate the railroads (and later extended to motor carriers, inland waterways, and oil companies). It was abolished in 1996 but long served as the prototype of such an agency. The ICC was organized in the belief that a commission of specialists would know more about the railroads and their unique problems than Congress would, that a permanent commission could provide a more consistent line of policy than could an elected body, and that it could combine the legislative and judicial functions that are necessary for effective regulation. Originally, the ICC was to serve only as an advisory body to Congress and the courts, but it was soon granted these powers itself. Also, an independent commission could be impartial and nonpartisan, a necessity for equitable regulation. The ICC was the first step taken to regulate an entire class of industries, rather than taking each on a case-by-case basis, as had been previously done.

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The assertion of governmental control in other industries led to the creation of many other regulatory agencies modeled upon the ICC, chief among these being the Federal Trade Commission (FTC; 1914), the Federal Communications Commission (FCC; 1934), and the Securities and Exchange Commission (SEC; 1934). In addition, regulatory powers were conferred upon the ordinary executive departments; the Department of Agriculture, for example, was given such powers under the Stockyards and Packers Act (1938). Much of Pres. Franklin D. Roosevelt’s New Deal program of the 1930s was carried out through administrative regulation. During the same period a comparable development took place in state and municipal government. Other, more recent federal agencies included the Equal Employment Opportunity Commission (EEOC; 1964), the Environmental Protection Agency (EPA; 1970), the Occupational Safety and Health Administration (OSHA; 1971), the Consumer Product Safety Commission (CPSC; 1972), the Federal Election Commission (FEC; 1975), the Nuclear Regulatory Commission (NRC; 1975), and the Consumer Financial Protection Bureau (CFPB; 2010).

The functions of the FTC illustrate those of regulatory agencies in general. It oversees the packaging, labeling, and advertising of consumer goods. It applies broadly stated legislative policies to concrete cases of trade competition by a procedure patterned after that of the courts. It grants licenses to those seeking to engage in export trade. It also regulates collection and circulation of credit information.

Regulatory agencies use a commission system of administration, and their terms of office are fixed and often very long. Federal Reserve Board members, for instance, serve for 14 years. Regulatory agency commissioners are appointed by the president, but their terms are staggered, so that no single president is able to drastically change the nature of the agency by appointing multiple commissioners.

In almost all countries other than the United States, the role of regulatory agencies is performed by the regular administrative departments of government and, in the case of utilities and public transportation, often by means of state ownership.

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